Court of Appeals for the Ninth Circuit April 5, 2004, 03-30310 (United States v. Larry Duane Sioux)

O’SCANNLAIN, Circuit Judge:

We are called upon to decide whether Federal Rule of Evidence 413 permits the admission of propensity evidence detailing sexual misconduct that occurred subsequent to the event giving rise to a pending trial.

I

On or about February 2, 2001, H.H.